A04518 Summary:

BILL NOA04518A
 
SAME ASNo same as
 
SPONSORTedisco (MS)
 
COSPNSR
 
MLTSPNSRFinch, Katz, Malliotakis, McDonough, McKevitt, McLaughlin, Oaks, Rivera, Tenney
 
Amd S123, Ag & Mkts L
 
Increases the penalties for owners of dangerous dogs and subjects certain dangerous dog owners to further investigation.
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A04518 Actions:

BILL NOA04518A
 
02/05/2013referred to agriculture
01/08/2014referred to agriculture
04/28/2014amend and recommit to agriculture
04/28/2014print number 4518a
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A04518 Floor Votes:

There are no votes for this bill in this legislative session.
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A04518 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4518--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2013
                                       ___________
 
        Introduced  by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. FINCH,
          KATZ, MALLIOTAKIS,  McDONOUGH,  McKEVITT,  McLAUGHLIN,  OAKS,  RIVERA,
          TENNEY  --  read  once and referred to the Committee on Agriculture --
          recommitted to the Committee on Agriculture in accordance with  Assem-
          bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered

          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the agriculture and markets law, in relation to increas-
          ing penalties for the owners of dangerous dogs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions 6, 7 and 8 of section 123 of the agriculture
     2  and markets law, as amended by chapter 392 of the laws of 2004, subdivi-
     3  sions 7 and 8 as amended by chapter 526 of the laws of  2005,  and  such
     4  section  as renumbered by section 18 of part T of chapter 59 of the laws
     5  of 2010, are amended and a new  subdivision  15  is  added  to  read  as
     6  follows:
     7    6.  The  owner  of a dog who, through any act or omission, negligently
     8  permits his or her dog to bite a person[, service  dog,  guide  dog]  or

     9  [hearing] dog causing physical injury shall be subject to a civil penal-
    10  ty  not to exceed [four hundred] one thousand dollars in addition to any
    11  other applicable penalties.
    12    7. The owner of a dog who, through any act  or  omission,  negligently
    13  permits  his or her dog to bite a person causing serious physical injury
    14  shall be subject to a civil penalty up to a class E felony punishable by
    15  a fine of not to exceed [one] five thousand [five  hundred]  dollars  in
    16  addition  to  any  other  applicable  penalties. Any such penalty may be
    17  reduced by any amount which is paid as restitution by the owner  of  the
    18  dog  to  the  person  or  persons  suffering  serious physical injury as
    19  compensation for unreimbursed medical expenses, lost earnings and  other

    20  damages resulting from such injury.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07891-02-4

        A. 4518--A                          2
 
     1    8.  The  owner  of a dog who, through any act or omission, negligently
     2  permits his or her dog, which  had  previously  been  determined  to  be
     3  dangerous  pursuant  to  this  article, to bite a person causing serious
     4  physical injury, shall be guilty  of  a  [misdemeanor]  class  E  felony
     5  punishable  by a fine of not more than [three] five thousand dollars, or
     6  by a period of imprisonment not to exceed [ninety days] two years, or by

     7  both such fine and imprisonment in  addition  to  any  other  applicable
     8  penalties.  Any  such fine may be reduced by any amount which is paid as
     9  restitution by the owner of the dog to the person or  persons  suffering
    10  serious   physical  injury  as  compensation  for  unreimbursed  medical
    11  expenses, lost earnings and other damages resulting from such injury.
    12    15. Any person found to be in violation of subdivision six,  seven  or
    13  eight  of  this  section  and  who has ever been convicted of any felony
    14  offense under title H of part three of the penal law shall be subject to
    15  further investigation, including, but not limited to a  search  of  such
    16  person's personal and real property and the seizure of any illegal mate-
    17  rials.
    18    §  2.  This  act  shall take effect on the sixtieth day after it shall

    19  have become a law.
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